Terms of service

By accessing or using LOCI websites or services, or the mobile versions of either, (collectively the "Website") you accept that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement") and any other applicable law, whether or not you are a registered member of LOCI. LOCI may change these Terms of Use and other policies at any time without notice, effective upon publicly sharing these Terms of service or policies to this website. You agree to review these Terms of Use regularly to make yourself aware of any changes. Your continued use of the Website shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use this Website.

 

REGISTRATION

You will need to register with LOCI to place an order for products through this website.

In return for permitting you to use any of the LOCI websites and benefiting from our services, you agree that any information you provide to us about yourself at any time will be true, accurate, current and complete and that you will ensure that this information is kept accurate and up to date. If incorrect information is supplied, any contractual obligation LOCI has is immediately null and void.

 

CONDITIONS OF REGISTRATION

If you are under 18, you must ask your parents or guardians before you:

1. Email LOCI or post a website comment
2. Request LOCI e-mail anything to you
3. Send in any information to LOCI
4. Purchase anything from LOCI

By continuing to use this website and any of the services offered, you are confirming that you have received the consent of a parent or legal guardian. PLEASE NOTE that all minors are recommended to discuss these terms and conditions with their parents before they complete the registration process.

 

COPYRIGHT

LOCI warrants that any and all designs and images of designs displayed on this website are our intellectual property under the Laws of the Republic of South Africa and other international copyright conventions governing copyright law in South Africa. It is strictly prohibited to replicate or use any designs, photographs or other content pertaining to LOCI owned products and services. You acknowledge and agree that all content included on this website including, but not limited to, designs, images, branding, slogans and other website design, text, graphics, audio clips, visual clips, logos, button icons and the selection and arrangement thereof shall remain at all times vested in LOCI and is protected by South African and international copyright laws. You are permitted to use this material only as expressly authorised by the applicable rights holder. Subject to the foregoing, the page headers, custom graphics and button icons are (unless indicated otherwise) service marks, trademarks, and/or trade dress of LOCI.

All designs, images, text and any and all visual or representations of design used on this website is the property of LOCI and is protected by South African and international copyright laws with ALL RIGHTS ARE RESERVED. Permission is granted to electronically copy and to print in hard copy portions of this website for the purposes of placing an order with LOCI and using this website as a shopping resource ONLY. Any other use of materials on this website, including but not limited to, reproduction for purposes other than those noted above, modification, distribution, transmission, broadcasting, republication, downloading or uploading without the prior written permission of LOCI is strictly prohibited. Any other use of any the designs belonging to LOCI for manufacturing or distribution or other purposes will remedied as deemed equitable under the laws of South Africa and other International Intellectual Property Conventions governing COPYRIGHT laws in South Africa.

 

TRADEMARKS

You acknowledge and agree that trademarks included on this website shall remain at all times vested in, LOCI or any third party licensing use thereof to LOCI (as applicable). You further undertake not to use any such trademarks without the prior written consent of LOCI. or such third parties as own the applicable trade mark. The LOCI logo and the term LIVEABLE-ISM is an official trade mark of LOCI and is the subject of extensive trade mark registration worldwide.

AMENDMENTS TO TERMS AND CONDITIONS 

LOCI reserves the right to add to, amend, change or remove any part of these Terms and Conditions at any time. When material changes are made to the Terms and Conditions, a notice will be published on the home page of the LOCI website notifying users that such changes have been made. By continuing to use this website after the publication of such a notice, you are indicating your acceptance of those changes. LOCI may add, change, discontinue, remove or suspend any other content displayed on this website, including features and specifications of products and services described or depicted on the website, temporarily or permanently, at any time, without notice and without liability.

 

PRIVACY 

LOCI treats customer privacy extremely seriously. Our Privacy Policy provides details about the type of information we may collect from you and details of how we may use this information. You are asked to read our Privacy Policy, which forms a part of these Terms and Conditions and sets out the way in which your personal data is handled by LOCI.

SITE USE

You agree that you will only use our website in a way which is consistent with the Terms and Conditions and which complies with applicable laws and regulations. In particular you agree that you will not use this website to upload or send any material which contains software viruses or other codes, files or programmes designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment or in any other manner which would interfere with or disrupt this website. You acknowledge that this website and any goods that you obtain from our website are provided for your personal use only and may not be used for any commercial purposes or replicated, manufactured or distributed commercially without our permission.

PURCHASING GOODS

Our returns policies and shipping policies tell you how to order and pay for products. It also addresses any questions you might have about delivery of your products, your right to cancel orders or return faulty products to us and our quality assurance.

As part of the initial order confirmation process we will request Pre-Authorisation of payment from your card issuer, this will show as a pending transaction for the full value of the order, this payment will only remain pending for a limited time should we not be able to complete your order. Payment is captured when we Dispatch goods to you.

If you are purchasing an item which isn’t currently in stock we will still process a Pre-Authorisation when the order is first placed but depending on the time until stock becomes available we may need to process a new transaction capturing relevant funds at that point when stock arrives. Please make sure you have adequate funds in your account around the stock due date.

LOCI reserves the right to decline orders for bulk or high value purchases and to change price and availability information without notice.

 

ORDERS

All orders placed through the Website are subject to LOCI acceptance. This means that LOCI may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without any liability whatsoever. If your credit card has already been charged for an order that is later cancelled, LOCI will issue you a refund.

 

DISPATCH

Orders received are usually dispatched within 2 -3 working days. Furniture, pre-order and out of stock items may take up to 30 days to process or fulfill. We try adhere to the estimated delivery dates and will advise you of any delays but accept no liability for failing to do so.

You may not cancel an order due to a delay in delivery unless we agree to this in writing as we may have incurred costs to fulfill your order.

 

RISK AND OWNERSHIP

All risk of loss or damage will pass to you upon physical delivery of the items to your delivery address. Ownership in the Goods will only pass to you upon the payment in full of order charges, if payment has been made online, ownership passes to you upon delivery to your address provided.

 

INCORRECT ORDERS OR USE

LOCI cannot be held accountable for returns or claims against items incorrectly ordered or items ordered that are used for a purpose other than their intended purpose.

 

PROMOTIONS

Please note that any promotions/offers on the website cannot be used in conjunction with any other discounts.

AVAILABILITY

LOCI will endeavour to display item availability on the website as accurately as possible.

If we are unable to supply the goods requested that are shown in stock, and not pre-order or out of stock, we will aim to assist you in finding a suitable alternative upon which you are happy with, however LOCI will not be bound to offer alternatives to a greater value than the item originally chosen, and a difference may be required to be paid.

If you do not wish for an alternative product we will cancel the order and any pending transaction promptly, please be aware that funds may take several days to reallocate in your account.

CANCELLATION

In accordance with the Consumer Protection Act 68 of 2008 you have 14 consecutive days from the day after you receive your parcel to cancel your contract with us.

If goods have been dispatched you will be expected to cover the cost of return, and a 10% administration fee.

We regret that we are unable to cancel “made to order” items such as furniture or glass items such as mirrors, or out of stock items that have been made to fulfill your order if the manufacturing process has begun. We therefore advise that you contact us, by email to info@loci.co.za, very promptly after placing your order if you wish to cancel. In the event that the manufacture of the “made to order” item/s has not already begun, cancelling the order will not be an issue. In this instance, we will issue a full refund to your credit card used to pay for your order.

 

PARCELS LOST IN TRANSIT

Whilst goods are in transit to you, LOCI is responsible for ensuring delivery is at least attempted, and in the case you are unavailable to receive at the address you given to us we will supply sufficient assistance so you can locate and collect your order from the relevant delivery agent.

We ask that we be given sufficient time to investigate with our delivery agents before either replacing or refunding goods.

We will not keep you waiting unnecessarily as we find in most cases parcels are located after investigation and are then received quicker than sending a replacement.

If delivery is to a commercial address (work/hotel) rather than a residential address, responsibility for locating the parcel rests with the customer as soon as we are able to confirm the parcel has been delivered to the reception area of the requested building. LOCI accepts no liability for parcels lost or misplaced after delivery is confirmed.

 

RETURNS

Sale items and gift cards may not be refunded.

LOCI can also not accept returns on made to order furniture items unless there is a manufacturing fault. This does not affect your statutory rights. LOCI does not accept returns on mirrors or glass items, or items installed r used by the customer. Returns without their original packaging and accessories as sold, will not be accepted.

If an exchange or refund is required, the items should be returned to us in their original condition and packaging within 7 days of your purchase. 

In all cases, the items returned must be in their original condition and unused without any prior installation, which includes any packaging. All goods will be inspected on return. The goods are your responsibility until they reach our Warehouse. Please ensure you package your return appropriately to prevent any damage to the items or boxes. As items damaged in transit will not be refunded.

For items returned for a reason other than a manufacturing fault, that show signs of use, installation or wear and tear, the items will not be accepted for return.

If after items are inspected they are deemed faulty or we have sent the items incorrectly both original shipping costs and returns shipping costs will be refunded to you. If the original shipping cost was for multiple items only a portion of the cost relating to the faulty item/s will be refunded.

We reserve the right to refuse a refund or exchange if the goods returned are deemed to be used, damaged or tampered with not in accordance with our terms outlined above. This does not affect your statutory rights.

 

ALTERNATIVE DISPUTE RESOLUTION

If we do not accept that we supplied defective or unsuitable goods, and our customer services department has not been able to help, any customer may still take the matter up with a suitable Ombud or other dispute resolution body, or take legal action. The dispute resolution procedures under the CPA do not necessarily apply to all transactions with us. This policy does not exclude any other rights customers may have.

 

PUBLISHED ACTIVITY

LOCI allows you the option to publish about the actions you take on LOCI Website to Facebook, Twitter and other social platforms. LOCI does not control which information gets disseminated on participating social platforms. You agree to allow LOCI to check your cookies when you are visiting participating social platforms, and allow LOCI to receive information about your use of those social platforms. You can deactivate this publishing feature on your profile page.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless LOCI, its officers, directors, employees, agents, licensees and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorney’s fees, arising from or relating in any way to your User Generated Content, your use of Content, your use of the Website, your conduct in connection with the Website or with other Website users, or any violation of these Terms of Use, any law or the rights of LOCI  or LOCI any third party.

LIABILITY

LOCI will endeavour to ensure that this website is fully operational at all times. However we cannot guarantee that the website will be fault free. In particular, access to this website may be interrupted or restricted to allow for emergency or routine repairs or maintenance to be carried out or the introduction of new facilities or services.

For the purposes of these Terms and Conditions, the term 'force majeure' shall be deemed to include any cause affecting the performance by LOCI of its obligations arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of LOCI and in particular, but not by way of limitation, shall include strikes, lock-outs, other industrial action, actual or threatened terrorist action, civil commotion, riot, crowd disorder, invasion, war, threat or preparation for war, fire, technical or power failure, software, hardware or telecommunication or other network failures, interruptions, disruptions or malfunctions, explosions, storm, flood, earthquake, subsidence, structural damage, epidemic or other natural or physical disaster, any legislation, regulation, rule or ruling of government, court or any competent authority.

LOCI reserves its right to restrict, suspend or terminate your use of this website or any of our services at any time if we believe, in our absolute discretion, that you have breached these Terms and Conditions.

Alterations we may amend this website and our services in any way and at any time with or without notice to you.

COMPLAINTS OR COMMENTS

If you have any complaints or comments about our website or any of the products supplied to you, please contact LOCI by emailing info@loci.co.za or through the Contact Us section on the website. Our Customer Service Team is available 5 days a week, from 9am until 5pm weekdays. Please allow 24hrs for us to respond to website comments and emails.

MISCELLANEOUS

No advice or information, whether oral or written, obtained by you through or from the website or from any conversations with our staff will operate to vary these terms and conditions.

 

EMAIL SUBSCRIPTIONS

In situations where LOCI gives you the option to subscribe to its email service which will update you with news or information which it considers to be of interest to you, your use of the content received through the email service will be subject to these Terms and Conditions.

WEBSITE USE RESTRICTIONS

You may use the Content only for non-commercial use to participate in the Website or to place an order or purchase products from LOCI. Any other use is prohibited unless agreed to by LOCI in writing. You agree not to change or delete any ownership notices from materials downloaded or printed from the Website. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the Website, including LOCI owned intellectual property of any kind or User Generated Content, without the prior written consent of LOCI unless it is your own User Generated Content that you legally post on the Website. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable laws, none of LOCI nor any of their respective directors, employees, affiliates or other representatives will be liable for loss or damages arising out of or in connection with the use of, or inability to use, the materials in and/or facilities or services offered through this website, including, but not limited to, indirect or consequential loss or damages, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties, even if LOCI have been advised of the possibility of such loss or damages or such loss or damages were reasonably foreseeable. If this clause is unenforceable in whole or in part in any jurisdiction due to relevant laws, then in no event shall LOCI's total liability to you for all damages, losses, and claims (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this website.

FRAUD

To help prevent credit/debit card fraud, we may request additional information should we have any concerns with your order. This additional information would be proof of billing address or simply a conversation with you so we can discuss our concerns.

LOCI will never cancel or not accept an order without liaising with the customer unless we are certain the order was not genuinely placed by the cardholder.

 

GOVERNING LAW

These Terms of Service and any other separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Republic of South Africa.

LOCI reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the Website for any or no reason, without notice, and without liability to you or anyone else. LOCI also reserves the right to block users from certain IP addresses and prevent access to the Website. You understand and agree that some of your User Generated Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Website, or on other social platforms (e.g., Facebook and Twitter), may continue to appear on the Website or on other social platforms even after your User Generated Content is removed or terminated. These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.

FORCE MAJUERE

LOCI shall not be liable for any failure to perform its obligations where such failure is a result of acts of God (including fire, flood, earthquake).